جريمة تغاضي رجل الشرطة عن منع ارتكاب جريمة : دراسة مقارنة

Abstract EN

The Iraqi legislator stipulated a crime that a policeman neglected to prevent committing a crime in the text of Article (28) of the Internal Security Forces Penal Code No.

(14) for the year 2008, amended by the first amendment No.

(38) for the year 2015, and this crime is considered one of the negative crimes that make up the material element.

In it of abstinence, that is, the policeman’s refusal to do positive action to prevent the commission of a crime by others against the victim, and it is a crime that requires special conditions to be fulfilled, and the legislator for its realization requires that the condoned crime committed by others against the victim is a misdemeanor or felony without offenses.

As for the Sudanese and Egyptian comparative legislation, it has stipulated the criminalization of abstinence in general without criminalizing this type of behavior.

In order to investigate the crime under study, we had to divide the research into two sections.

The first topic is devoted to what is a crime that a policeman neglects to prevent committing a crime.

As for the second, it is dedicated to the pillars of a crime that a policeman overlooks preventing a crime.